An Act concerning court administration, supplementing Titles 2A and 2B of the New Jersey Statutes, and amending P.L.1995, c.325.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

¹1. (New section) For any crime committed on or after the effective date of this section:

a. Subject to excludable time as set forth in subsection b. of this section:

(1) (a) A defendant who has been charged with a crime and for whom pretrial detention is ordered pursuant to sections 5 and 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not remain detained in jail for more than 90 days on that charge prior to the return of an indictment. If the defendant is not indicted within the specified 90 days, the defendant shall be released from jail upon motion of the defendant or on the court's own motion. Notwithstanding the court's previous findings for ordering the defendant's pretrial detention, the court shall release the defendant on the defendant's own recognizance or set appropriate non-monetary conditions for the defendant's release.

(b) If the defendant is charged or indicted on another matter, the time calculations set forth in subparagraph (a) of this paragraph for each matter shall run independently.

(2) (a) Except as otherwise provided in this paragraph, a defendant who has been indicted and for whom pretrial detention is ordered pursuant to sections 5 and 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not remain detained in jail for more than 180 days on that charge following the return or unsealing of the indictment, whichever is later, before commencement of the trial. The 180-day time period shall commence to run from the date the indictment is returned, or the defendant, if a juvenile, has been waived to adult court. In the event a defendant's trial does not begin within the specified 180 days, the defendant shall be released from jail upon motion of the defendant or the court's own motion, unless the court finds that an injustice would follow from strict compliance with the defendant's release. If the court finds, in the extraordinary case, that there has been a significant showing that an injustice would follow from strict compliance with the defendant's release from custody, the court may allocate an additional period of time in which the defendant's trial shall commence before the defendant is released. Notwithstanding the court's previous findings for ordering the defendant's pretrial detention, the court shall release the defendant on the defendant's own recognizance or set appropriate non-monetary conditions for the defendant's release to reasonable assure defendant's appearance in court.

(b) (i) For the purposes of this paragraph, 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.

(ii) The return of a superseding indictment against a defendant shall extend the time for the trial to commence.

(iii) 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.

(iv) A trial ordered after a mistrial or upon a motion for a new trial 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.

(c) If the defendant is indicted on another matter, the time calculations set forth in this paragraph for each matter shall run independently.

b. (1) The following periods shall be excluded in computing the time in which a case shall be indicted or tried:

(a) The time resulting from an examination and hearing on competency and the period during which the defendant is incompetent to stand trial or incapacitated;

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

(d) The time resulting from a continuance granted, in the court's discretion, at the defendant's request or at the request of both parties;

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

(f) The time resulting from exceptional circumstances including, but not limited to, a natural disaster, the unavoidable unavailability of a 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;

(g) 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;

(h) 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 section;

(i) The time resulting from a defendant being joined for trial with a codefendant for whom the time for trial has not run and there is good cause for not granting a severance;

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

(k) The time resulting from a disqualification or recusal of a judge;

(l) The time for other periods of delay not specifically enumerated if the court finds good cause for the delay; and

(m) Any other time otherwise required by statute.

(2) The prosecutor shall be responsible for calculating excludable time pursuant to the provisions of this subsection.

(3) 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 set for discovery.

c. The Supreme Court may adopt Rules of Court necessary to implement the provisions of this section.¹

¹[1.] 2.¹ (New section) The provisions of ¹sections 2 through 11 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liberally construed to effectuate the purpose of ¹primarily¹ relying upon ¹[contempt of court proceedings or criminal sanctions] conditions of release¹ instead of financial loss to ¹[ensure] reasonably assure¹ the appearance of the defendant, that the defendant will not pose a danger to any person or the community, and that the defendant will comply with all conditions of ¹[bail] release¹. Monetary bail shall be set ¹only after a defendant's commitment to jail and¹ when it is determined that no other conditions of release will reasonably assure the defendant's appearance in court ¹[and that the defendant does not present a danger to any person or the community]¹.

¹For the purposes of sections 2 through 11 of P.L. , c. (C. ) (pending before the Legislature as this bill), "defendant" shall mean a person who is arrested on warrant for an initial charge involving an indictable offense or a disorderly persons offense unless otherwise provided in sections 2 through 11 of P.L. , c. (C. ) (pending before the Legislature as this bill).¹

¹[2. (New section) Upon the appearance before a court of a defendant charged with an offense, the court shall issue an order that the defendant be:

a. released on conditions including the execution of a bail bond pursuant to subsection b. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill);

b. released on his own personal recognizance; or

c. detained pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).]¹

¹3. (New section) For any defendant committed to jail, the court shall make a pretrial release decision for the defendant without unnecessary delay, but in no case later than 48 hours after the defendant's commitment to jail. After considering the defendant's circumstances and the Pretrial Services Program's risk assessment and recommendation on conditions of release completed pursuant to section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill), the court shall order that the defendant be:

a. released on the defendant's own recognizance or on execution of an unsecured appearance bond; or

b. released on a non-monetary condition or conditions, with the condition or conditions being the least restrictive condition or combination of conditions that the court determines will reasonably assure the appearance of the defendant as required by the court, or the safety of any other person and of the community, or both; or

c. released on monetary bail, other than an unsecured appearance bond, to reasonably assure the appearance of the defendant as required by the court, or a combination of monetary bail and non-monetary conditions, to reasonably assure the appearance of the defendant as required by the court, or the safety of any other person and of the community, or both; or

d. upon motion of the prosecutor, detained in jail pending a pretrial detention hearing pursuant to sections 5 and 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).¹

¹[3.] 4.¹ (New section) ¹[a.]¹ Except as provided under ¹[section 4] sections 5 and 6¹ of P.L. , c. (C. ) (pending before the Legislature as this bill) ¹[,] concerning¹ a ¹hearing on the pretrial detention of a defendantfor any defendant who is committed to jail and in no case later than 48 hours after that commitment:

a. The¹ court shall order the pretrial release of ¹[a] the¹ defendant on personal recognizance ¹or on the execution of an unsecured appearance bond¹ when, after considering all the circumstances ¹and the Pretrial Services Program's risk assessment¹, the court determines that a defendant will appear ¹in court¹ as required ¹[either before or after conviction and the defendant] , and¹ will not pose a danger to any ¹other¹ person or the community ¹[, or obstruct or attempt to obstruct justice, and that the defendant will comply with all conditions of release]¹.

b. ¹[Except as provided under section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), if] (1) If¹ a court determines that the release described in subsection a. of this section will not reasonably ¹[ensure the appearance of the person] assure that the defendant will appear in court¹ as required ¹,¹ or will ¹[endanger the safety of] not pose a danger to¹ any other person or the community, ¹[or will not prevent the person from obstructing or attempting to obstruct the criminal justice process,]¹ the court may order the pretrial release of the ¹[person] defendant subject to one or more of the following non-monetary conditions¹:

¹[(1) subject to the condition that] (a)¹ the ¹[person] defendant shall¹ not commit any ¹[crime] offense¹ during the period of release ¹[and];

(b) the defendant shall¹ avoid all contact with an alleged victim of the crime ¹;¹ and

¹(c) the defendant shall avoid all contact¹ with ¹[potential] all¹ witnesses ¹named in the document authorizing the defendant's release¹ who may testify concerning the offense ¹[; or].¹

(2) ¹[subject to] The condition or conditions of a pretrial release ordered by the court pursuant to this subsection shall be¹ the least restrictive condition, or combination of conditions, that the court determines will reasonably ¹[ensure] assure¹ the appearance of the ¹[person] defendant¹ as required ¹[and] or¹ the safety of any other person and the community, ¹or both,¹ which may include ¹[the condition]¹ that the ¹[person] defendant¹:

(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 reasonably able to ¹[ensure to] assure¹ the court that the defendant will appear as required and will not pose a danger to the safety of any other person or the community;

(b) maintain employment, or, if unemployed, actively seek employment;

(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, ¹or other agency, or¹ pretrial services ¹[agency, or other agency] program¹;

(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) satisfy any other condition that is ¹[reasonably]¹ necessary to ¹[ensure] reasonable assure¹ the appearance of the ¹[person] defendant¹ as required ¹[and to ensure] or¹ the safety of any other person and the community ¹, or both¹; or

(l) be placed in a pretrial home supervision capacity with or without the use of an approved electronic monitoring device. The ¹court may order the defendant to pay all or a portion of the¹ costs ¹[attributable to] of¹ the electronic monitoring ¹[of an offender shall be borne by the Pretrial Services Unit in the county in which the defendant resides]¹.

c. ¹[Except as provided under section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), if] (1) If the court determines that the release described in subsection a. or b. of this section will not reasonably assure that the defendant will appear in court as required, the court may order the pretrial release of the defendant on monetary bail, other than an unsecured appearance bond. The court may only impose a financial condition set forth in this subsection to reasonably assure the defendant's appearance. The court shall not impose the condition to reasonably assure the safety of any other person or of the community, or impose the condition for the purpose of preventing the release of the defendant.

(2) If a defendant is unable to initially post monetary bail after being set by the court, nothing in sections 2 through 11 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall preclude, at any time thereafter, a defendant from posting the monetary bail previously set by the court to secure pretrial release from jail.

(3) Nothing in sections 2 through 11 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall preclude the court from modifying the amount of monetary bail set pursuant to this subsection, whether or not this modification is done in combination with a court's ordering of one or more non-monetary conditions for pretrial release as set forth in subsection d. of this section.

d. If¹ the court determines that the ¹[conditions under] release described in¹ subsection ¹a.,¹ b. ¹, or c.¹ will not reasonably ¹[ensure the appearance of the person] assure that the defendant will appear in court¹ as required ¹,¹ or ¹[will endanger]¹ the safety of any other person or the community, ¹[or will not prevent the person from obstructing or attempting to obstruct the criminal justice process,]¹ the court may ¹[set bail for the offense charged in accordance with current statutory law and court rule] order the pretrial release of the defendant using a combination of monetary bail and non-monetary conditions as set forth in subsections b. and c. of this section¹.

¹[d. The court may at any time amend an order made pursuant to this section to impose additional or different conditions of release. The court may not impose a financial condition that results in the pretrial detention of the person.]¹

¹[4.] 5.¹ (New section) a. The court may order the detention of a defendant ¹charged with a crime¹ before trial if, after a hearing pursuant to ¹[the]¹ section ¹[5] 6.¹ of P.L. , c. (C. ) (pending before the Legislature as this bill), the court ¹[is clearly convinced] finds clear and convincing evidence¹ that no amount of ¹[sureties] monetary bail¹, non-monetary conditions of pretrial release or combination of ¹[sureties] monetary bail¹ and conditions would ¹[ensure] reasonably assure¹ the defendant's appearance as required, protect the safety of any ¹other¹ person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process. ¹The court may also order the pretrial detention of a defendant when a defendant fails to rebut a presumption of pretrial detention that may be established for the crimes enumerated under subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).¹

b. Except ¹[where] for when¹ a defendant charged with a crime is subject to a hearing upon the motion of the prosecutor ¹[or upon the court's own motion]¹ as set forth under ¹[paragraphs (1) and (2) of]¹ subsection a. of section ¹[5] 6.¹ of P.L. , c. (C. ) (pending before the Legislature as this bill), there shall be a rebuttable presumption that some amount of ¹[sureties] monetary bail¹, non-monetary conditions of pretrial release or combination of ¹[sureties] monetary bail¹ and conditions would ¹[ensure] reasonably assure¹ the defendant's appearance as required, protect the safety of ¹any other person or of¹ the community, and prevent the defendant from obstructing or attempting to obstruct the criminal justice process.

c. A defendant ¹[shall have the right to] may¹ appeal an order of ¹pretrial¹ detention ¹[before trial to the Appellate Division of the Superior Court, which may make a determination as to whether an amount of sureties, non-monetary conditions of pretrial release or combination of sureties and conditions would assure the defendant's appearance as required, protect the safety of any person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process. An appeal filed under this subsection] pursuant to the Rules of Court. The appeal¹ shall be heard ¹[and decided no later than 30 days following the initial order of detention] in an expedited manner. The defendant shall be detained pending the disposition of the appeal¹.

¹[5.] 6.¹ (New section) a. ¹A prosecutor may file a motion with the court at any time subject to the limitations set forth in subsection d. of this section, including any time before or after a defendant's release pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), seeking the pretrial detention of any defendant for:

(1) any crime of the first or second degree enumerated under subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2);

(2) any crime for which the maximum sentence is life imprisonment;

(3) any crime if the defendant has been convicted of two or more offenses under paragraph (1) or (2) of this subsection;

(4) any crime involving a victim who is a minor;

(5) any crime enumerated under subsection c. of N.J.S.2C:43-6; or

(6) any other crime for which the prosecutor believes there is a serious risk that:

(a) the defendant will not appear in court as required;

(b) the defendant will pose a danger to any other person or the community; or

(c) the defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror.

b. When a motion for pretrial detention is filed pursuant to subsection a. of this section, there shall be a rebuttable presumption that the defendant shall be detained pending trial because no amount of monetary bail, non-monetary condition or combination of monetary bail and conditions would reasonably assure the safety of any other person or the community, if the court finds probable cause that the defendant:

(1) committed murder pursuant to N.J.S.2C:11-3; or

(2) committed any crime for which the maximum sentence is life imprisonment.

c.¹ A court shall hold a hearing to determine whether any ¹[condition] amount of monetary bail or non-monetary conditions¹ or combination of ¹monetary bail and¹ conditions ¹, including those¹ set forth under subsection b. of section ¹[3] 4.¹ of P.L. , c. (C. ) (pending before the Legislature as this bill) will ¹[ensure] reasonably assure¹ the defendant's appearance as required, protect the safety of any ¹other¹ person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process ¹[:

(1) Upon motion of the prosecutor in a case that involves:

(a) a crime enumerated under subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2);

(b) an offense for which the maximum sentence is life imprisonment;

(c) any indictable offense if the defendant has been convicted of two or more offenses under paragraph (1) or (2) of this subsection.

(d) any indictable offense where the victim is a minor; or

(e) any indictable offense enumerated under subsection c. of N.J.S.2C:43-6.

(2) Upon motion of the prosecutor or upon the court's own motion, in a case that involves a serious risk:

(a) that the defendant will flee;

(b) that the defendant will pose a danger to any person or the community; or

(c) that the defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure or intimidate, a prospective witness or juror.

b. The] d. Except as otherwise provided in this subsection, the pretrial detention¹ hearing shall be held ¹[immediately upon] no later than¹ the defendant's first appearance unless the defendant, or the prosecutor, seeks a continuance. ¹If a prosecutor files a motion for pretrial detention after the defendant's first appearance has taken place or if there is no first appearance, the court shall schedule the pretrial detention hearing to take place within three working days of the date on which the prosecutor's motion was filed, unless the prosecutor or the defendant seeks a continuance.¹ Except for good cause, a continuance on motion of the defendant may not exceed five days, not including any intermediate Saturday, Sunday, or legal holiday. Except for good cause, a continuance on motion of the prosecutor may not exceed three days, not including any intermediate Saturday, Sunday, or legal holiday.

¹[During a] Upon the filing of a motion by the prosecutor seeking the pretrial detention of the defendant and during any¹ continuance ¹that may be granted by the court¹, the defendant shall be detained ¹[, and the] in jail. The¹ court, on motion of the prosecutor or sua sponte, may order that, while in custody, a defendant who appears to be a drug dependent person receive an assessment to determine whether that defendant is drug dependent. ¹If the defendant was previously released, the court shall issue a notice to appear to compel the appearance of the defendant at the detention hearing.¹

¹[c.] e. (1)¹ At the ¹pretrial detention¹ hearing, the defendant has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. The defendant shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. The rules concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing. ¹[The facts the court uses to support a]

(2) In pretrial detention proceedings for which there is no indictment, the prosecutor shall establish probable cause that the defendant committed the predicate offense. A presumption of pretrial detention as provided in subsection b. of this section may be rebutted by proof provided by the defendant, the prosecutor, or from other materials submitted to the court. The standard of proof for a rebuttal of the presumption of pretrial detention shall be a preponderance of the evidence. If proof cannot be established to rebut the presumption, the court may order the defendant's pretrial detention. If the presumption is rebutted by sufficient proof, the prosecutor shall have the opportunity to establish that the grounds for pretrial detention exist pursuant to this section.

(3) Except when a defendant has failed to rebut a presumption of pretrial detention, the court's¹ finding ¹to support an order of pretrial detention¹ pursuant to section ¹[4] 5¹ of P.L. , c. (C. ) (pending before the Legislature as this bill) that no ¹[condition] amount of monetary bail, non-monetary conditions¹ or combination of ¹monetary bail and¹ conditions will reasonably ¹[ensure] assure¹ the defendant's appearance as required, protect the safety of any ¹other¹ person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process shall be supported by clear and convincing evidence. ¹[The defendant may be detained pending completion of the hearing.]¹

¹[d.] f.¹ The hearing may be reopened, before or after a determination by the court, at any time before trial, if the court finds that information exists that was not known to the ¹[movant] prosecutor or the defendant¹ at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably ¹[ensure] assure¹ the defendant's appearance as required, protect the safety of any ¹other¹ person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process.

¹[6.] 7.¹ (New section) In determining ¹in a pretrial detention hearing¹ whether no amount of ¹[sureties] monetary bail¹, non-monetary conditions ¹[of pretrial release,]¹ or combination of ¹[sureties] monetary bail¹ and conditions would ¹[ensure] reasonably assure¹ the defendant's appearance as required, protect the safety of any ¹other¹ person or of the community, or prevent the defendant from obstructing or attempting to obstruct the criminal justice process, the court ¹[shall] may¹ take into account ¹[the available]¹ information concerning:

a. The nature and circumstance of the offense charged, including whether the offense is a crime enumerated under ¹[subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2), is an indictable offense where the victim is a minor, or involves a firearm, explosive, or destructive device] paragraphs (1) through (5) of subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill)¹;

b. The weight of the evidence against the defendant, except that the court may consider the admissibility of any evidence sought to be excluded;

c. The history and characteristics of the defendant, including:

(1) the defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and

(2) whether, at the time of the current offense or arrest, the defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal ¹[or State] law ¹, or the law of this or any other state¹;

d. The nature and seriousness of the danger to any ¹other¹ person or the community that would be posed by the ¹[person's] defendant's¹ release;

e. The release recommendation of the pretrial services ¹[agency] program¹ obtained using a ¹[validated]¹ risk assessment instrument under section ¹[9] 11¹ of P.L. , c. (C. ) (pending before the Legislature as this bill).

¹[7. (New section) a. If a defendant is released on personal recognizance or released on conditions pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), the court shall:

(1) include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct; and

(2) advise the defendant of:

(a) the penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release; and

(b) the consequences of violating a condition of release, including the immediate issuance of a warrant for the person's arrest.

b. If the court disapproves a recommendation made in a validated risk assessment instrument when setting release conditions, the release order shall include a written explanation.]¹

8. (New section) a. In a ¹pretrial¹ detention order issued pursuant to ¹[section 4] sections 5 and 6¹ of P.L. , c. (C. ) (pending before the Legislature as this bill), the court shall:

(1) include written findings of fact and a written statement of the reasons for the detention; and

(2) direct that the ¹[person] defendant¹ be afforded reasonable opportunity for private consultation with counsel.

b. The court may, by subsequent order, permit the temporary release of the ¹[person] defendant¹ subject to appropriate restrictive conditions, which may include but shall not be limited to ¹[State] pretrial¹ supervision, to the extent that the court determines such release to be necessary for preparation of the ¹[person's] defendant's¹ defense or for another compelling reason.

¹9. (New section) a. If a defendant is released pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), or after a pretrial detention hearing pursuant to sections 5 and 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), the court shall, in the document authorizing the defendant's release, notify the defendant of:

(1) all the conditions, if any, to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct; and

(2) the penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release, and the consequences of violating a condition of release, which may include the immediate issuance of a warrant for the defendant's arrest.

b. If the court disapproves a recommendation made in a risk assessment when setting release conditions, the court shall provide an explanation in the document authorizing the defendant's release.¹

¹[9.] 10.¹ (New section) ¹[a. When] Upon motion of a prosecutor, when¹ a defendant charged with a crime enumerated in ¹[paragraph] paragraphs¹ (1) ¹through (5)¹ of subsection a. of section ¹[5] 6¹ of P.L. , c. (C. ) (pending before the Legislature as this bill) is released from custody before trial, the court, upon a finding that the defendant while on release has ¹[willfully]¹ violated a restraining order or condition of release designed to protect any ¹other¹ person or the safety of the community, or upon a finding of probable cause to believe that the defendant has committed a new crime ¹[of the first or second degree]¹ while on release, may ¹modify the defendant's condition of release, or¹ revoke the defendant's release and order that the defendant be detained pending trial provided that the court ¹[is clearly convinced] finds clear and convincing evidence¹ that no ¹[condition] monetary bail, non-monetary conditions of release¹ or combination of ¹monetary bail and¹ conditions ¹[that the defendant is likely to abide by]¹ would reasonably ¹[protect] assure¹ the safety of ¹any other person or of¹ the community ¹[or any person]¹.

¹[b. In addition to revocation of release as authorized by this section, a violation of a condition of pretrial release imposed pursuant to subsection b. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) or any other law, may subject the defendant to civil contempt, criminal contempt, forfeiture of bail, or any combination of these sanctions and any other sanctions authorized by law.]¹

¹[10.] 11.¹ (New section) a. The Administrative Director of the ¹[Administrative Office of the]¹ Courts shall establish and maintain a ¹Statewide¹ Pretrial Services ¹[Unit in each county] Program¹ which shall provide pretrial ¹[release investigation]¹ services to effectuate the purposes of ¹sections 2 through 11 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill).

b. ¹[The Pretrial Services Unit established under this section shall be supervised by a Chief Pretrial Services Officer appointed by the Administrative Director of the Administrative Office of the Courts.

c.]¹ The Pretrial Services ¹[Unit] Program¹ shall ¹, within 48 hours of a defendant's commitment to jail,¹ conduct ¹[, prior to a bail hearing or first appearance, an] a risk¹ assessment ¹[of all criminal defendants]¹ for the purpose of making recommendations to the court concerning ¹[the] an¹ appropriate ¹[disposition] pretrial release determination¹, including whether the defendant shall be: released on ¹[his] the defendant's¹ own personal recognizance ¹or on execution of an unsecured appearance bond¹; released ¹on a non-monetary condition or conditions as set forth under subsection b. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); released¹upon execution of a bail bond ¹, other than an unsecured appearance bond¹; released on a ¹[condition or]¹ combination of ¹monetary bail and non-monetary¹ conditions set forth under ¹[subsection b. of]¹ section ¹[3] 4¹ of P.L. , c. (C. ) (pending before the Legislature as this bill); or any other conditions necessary to effectuate the purposes of ¹sections 2 through 11 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill).

¹[d.] c.¹ The pretrial assessment shall be conducted using a ¹[validated]¹ risk assessment instrument ¹[and shall] which may¹ include an examination of the factors set forth in ¹[section 5] sections 4 and 7¹ of P.L. , c. (C. ) (pending before the Legislature as this bill).

¹[e.] d.¹ In addition to the pretrial assessments made pursuant to this section, the Pretrial Services ¹[Unit] Program¹ shall monitor each defendant released pursuant to ¹[subsection b. of]¹ section ¹[3] 4¹ of P.L. , c. (C. ) (pending before the Legislature as this bill) ¹[to ensure that the defendant adheres to the condition or combination of the conditions of the defendant's release ordered by], on non-surety release, including release on personal recognizance, personal bond, unsecured appearance bond, nonmonetary condition or conditions, or cash deposit or percentage deposit with the registry of¹ the court.

¹[11.] 12.¹ (New section) a. The Supreme Court, subject to the limitations set forth in subsection b. of this section, may adopt Rules of Court to revise or supplement filing fees and other statutory fees payable to the court for the sole purpose of funding:

(1) ¹[the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates] the development, maintenance and administration of a Statewide Pretrial Services Program¹;

(2) the development, maintenance and administration of a Statewide digital e-court information system; and

(3) ¹[the development, maintenance and administration of a Pretrial Services Unit established in each county] the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates¹.

b. All existing filing fees and other statutory fees payable to the court on the effective date of this section shall not be increased ¹or supplemented¹ more than $50 in the aggregate for each fee beginning on the effective date of this section.

c. As used in ¹sections 12 through 19 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill):

"Digital e-court information system" shall mean a Statewide integrated system that includes but is not limited to electronic filing, electronic service of process, electronic document management, electronic case management, electronic financial management, and public access to digital court records; and

"Pretrial ¹[Service Unit] Services Program¹" shall mean the pretrial ¹[service unit] services program¹ established pursuant to section ¹[10] 11¹ of P.L. , c. (C. ) (pending before the Legislature as this bill).

¹[12.] 13.¹ (New section) The rules proposed pursuant to section ¹[11] 12¹ of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be publicly announced by the Supreme Court. On the same day on which the rule or rules are publicly announced, the Supreme Court shall deliver true copies to the President of the Senate, the Speaker of the General Assembly, and the Governor. The Supreme Court shall provide the public with a reasonable opportunity to comment on the proposed rule or rules. The rule or rules shall take effect on the date provided by the Supreme Court.

¹[13.] 14.¹ (New section) a. There is established in the General Fund a dedicated, non-lapsing fund to be known as the "21st Century Justice Improvement Fund," which shall be credited annually with a sum equal to the revenue to be derived annually from the incremental amount of any filing fees or other statutory fees payable to the court that are revised or supplemented pursuant to ¹sections 12 and 13 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill) and the related fee revisions as provided by operation of N.J.S.22A:2-5 and section 2 of P.L.1993, c.74 (C.22A:5-1). The fund shall be administered by the State Treasurer. Interest and other income earned on monies in the fund shall be credited to the fund. Monies credited to the fund shall be appropriated annually and used exclusively for the purposes of funding:

(1) the development, maintenance and administration of a Statewide ¹[digital e-court information system] Pretrial Services Program¹;

(2) ¹[the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates; and

(3)]¹ the development, maintenance and administration of a ¹[Pretrial Services Unit in each county] Statewide digital e-court information system; and

(3) the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates¹.

b. Any amount remaining in the fund after the appropriation of funds as provided in paragraphs (1), (2) ¹[or] and¹ (3) of subsection a. of this section shall be retained by the Judiciary for the sole purpose of developing, maintaining and administering court information technology. The monies credited to the fund shall not be used for any purpose other than those purposes set forth in ¹sections 12 through 19 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill).

¹[14.] 15.¹ (New section) ¹[To the extent that sufficient funds are available, monies] Monies¹ annually credited in the "21st Century Justice Improvement Fund" shall be allocated ¹[pursuant to the following priority] as follows¹:

a. ¹[The first]¹ $15 million credited annually ¹[in] to¹ the fund shall be appropriated annually to the Judiciary to be used to fund the development, maintenance and administration of a ¹Statewide¹ Pretrial Services ¹[Unit in each county] Program¹ established pursuant to section ¹[10] 11¹ of P.L. , c. (C. ) (pending before the Legislature as this bill) ¹[.];¹

b. ¹[From amounts remaining in the fund after the appropriation of funds as provided in subsection a. of this section, an amount not exceeding]¹ $17 million ¹credited annually to the fund¹ shall be appropriated annually to the Judiciary to be used to fund the development, maintenance and administration of a Statewide digital e-court information system ¹[, which appropriations shall include amounts necessary to pay all service charges or other costs assessed by financial institutions or other entities for the use of credit cards, debit cards, electronic funds transfer, or any other method deemed feasible by the Administrative Office of the Courts]¹. An appropriation made pursuant to this ¹[section] subsection¹ shall not be used to replace appropriations from other sources for Judiciary information technology ¹[.] ; and¹

c. ¹[From amounts remaining in the fund after the appropriation of funds as provided in subsections a. and b. of this section, an amount not exceeding]¹ $10.1 million credited annually ¹[in] to¹ the fund shall be appropriated annually to the Department of the Treasury for distribution to Legal Services of New Jersey and its affiliates to facilitate the provision to the poor of legal assistance in civil matters, which shall supplement other funds as may be appropriated from any other source in a fiscal year for the same purpose. All State funds distributed to Legal Services of New Jersey shall be used exclusively for the provision to the poor of legal assistance in civil matters.

d. ¹[From amounts remaining in the fund after the appropriation of funds as provided in subsections a., b., and c. of this section, an amount not exceeding $10 million shall be appropriated annually to the General Fund.

e.]¹ Any amount remaining in the fund after the appropriation of funds as provided in subsections a., b., ¹and¹ c. ¹[and d.]¹ of this section shall be retained by the Judiciary for the sole purpose of developing, maintaining, and administering court information technology. The monies credited to the fund shall not be used for any purpose other than those purposes set forth in ¹sections 12 through 19 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill).

¹[15.] 16.¹ Section 6 of P.L.1995, c.325 (C.2B:1-5) is amended to read as follows:

6. a. ¹[(1)]¹ Notwithstanding the provisions of any other law to the contrary, the [Supreme Court, the Superior Court and the Tax Court, and the various municipal and joint municipal courts when permitted by resolution of the appropriate municipal governing bodies, are] ¹[Administrative Director of the Administrative Office of the Courts is] Supreme Court, the Superior Court and the Tax Court, and the various municipal and joint municipal courts when permitted by resolution of the appropriate municipal governing bodies, are¹ authorized to establish systems to accept the payment of ¹[filing fees, administrative charges, fines and penalties imposed for violations of Title 39 of the Revised Statutes,]¹ civil and criminal fines and penalties [and] ¹[, all] and¹ other judicially imposed financial obligations ¹[, and related charges]¹ by ¹credit or debit¹ card based payment, electronic funds transfer, or any other ¹electronic¹ method deemed feasible by the [Supreme Court] ¹[Administrative Office of the Courts] Supreme Court¹.

¹[(2) The various municipal and joint municipal courts, when permitted by resolution of the appropriate municipal governing bodies, are authorized to establish systems to accept the payment of filing fees, administrative charges, fines and penalties imposed for violations of Title 39 of the Revised Statutes, civil and criminal fines and penalties, all other judicially imposed financial obligations, and related charges by card based payment, electronic funds transfer, or any other method deemed feasible by the Administrative Office of the Courts.]¹

b. No person or organization that is a defendant in a criminal matter shall be entitled to offer a credit card for the payment of bail or for the payment of fines or penalties related to the imposition of a sentence, for a crime of the first, second or third degree under Title 2C of the New Jersey Statutes.

c. If not legally prohibited by an association, financial institution, or [by an] a card issuer, ¹[any court or]¹ the Administrative Office of the Courts ¹, pursuant to the Rules of Court,¹ is authorized to assess [and] , collect ¹,¹ and pay ¹[from receipts]¹ service charges [related to] and other costs ¹[associated with] resulting from¹ the collection of filing fees, administrative fees, judicially imposed financial obligations, and related charges owed to [or collected by] ¹[the] a¹ court when ¹parties process these fees, judicially imposed financial obligations, and related charges using¹ credit cards, debit cards [or] , electronic funds transfer systems, or any other ¹[methods] electronic method¹ deemed feasible by the ¹[Administrative Office of the Courts are utilized] Supreme Court¹. ¹[Alternatively, the Administrative Office of the Courts may pay such] Any¹ service charges and other costs ¹[out of the monies appropriated to the Judiciary] assessed and collected by the Administrative Office of the Courts¹ pursuant to ¹[subsection b. of] this¹ section ¹[14 of P.L. , c. (C. ) (pending before the Legislature as this bill)] with the exception of those charges or costs assessed and collected on behalf of municipal and joint municipal courts, shall be deposited in the "Court Computer Information System Fund" established by subsection c. of section 1 of P.L.1994, c.54 (C.2B:1-4)¹ .

d. The Supreme Court of the State of New Jersey [shall] ¹[may] shall¹ adopt Rules of Court appropriate or necessary to effectuate the purposes of this section.

(cf: P.L.1995, c.325, s.6)

¹[16.] 17.¹ (New section) Not later than the sixth month after the end of each State fiscal year, the Administrative Director of the Courts shall submit a report to the Governor, the President of the Senate, and the Speaker of the General Assembly describing the Judiciary's use of funding pursuant to sections ¹[10] 12¹ through ¹[18] 19¹ of P.L. , c. (C. ) (pending before the Legislature as this bill) and the Judiciary's progress toward the development ¹[and deployment] , maintenance and administration¹ of a Statewide ¹Pretrial Services Program and Statewide¹ digital e-court information system ¹[and the development and maintenance of the Pretrial Service Unit]¹.

¹[17.] 18.¹ (New section) Not later than the sixth month after the end of each State fiscal year, Legal Services of New Jersey, through the Department of the Treasury, shall submit to the Governor, the President of the Senate, the Speaker of the General Assembly, and the State Auditor a detailed financial statement describing how funds appropriated in the prior fiscal year pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) were used for the provision to the poor of legal assistance in civil matters. The use of public funds appropriated to Legal Services of New Jersey shall be subject to oversight by the State Auditor.

¹[18.] 19.¹ (New section) a. The authority of the Supreme Court to revise or supplement filing fees and other statutory fees payable to the court pursuant to sections ¹[11] 12¹ and ¹[12] 13¹ of P.L. , c. (C. ) (pending before the Legislature as this bill) shall expire on the first day of the seventh month next following the date of enactment of those sections, except that any filing fees and other statutory fees payable to the court that have been revised or supplemented pursuant to those sections shall continue in effect, subject to the provisions of this section.

b. Within 30 days of the fifth anniversary of the effective date of the Rules of Court first adopted pursuant to ¹sections 12 and 13 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill), and additionally within 30 days of the tenth anniversary of that effective date, the Court may review all filing fees and other statutory fees revised or supplemented pursuant to ¹sections 12 and 13 of¹ P.L. , c. (C. ) (pending before the Legislature as this bill) through its rulemaking process, which includes a reasonable opportunity for public comment, to determine if the fees should remain unchanged as originally adopted pursuant to ¹[P.L. , c. (C. ) (pending before the Legislature as this bill)] those sections¹ or be reduced to reflect the funding needs associated with ¹[developing, maintaining and administering the Statewide digital e-court information system; and

c. On or after five years following the effective date of the Rules of Court first adopted pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), if the annual grants provided to Legal Services of New Jersey by the Board of Trustees of the Income on Non-Interest Bearing Lawyers' Trust Accounts (IOLTA) Fund of the Bar of New Jersey, as established and operated pursuant to the Rules of Court, for use by Legal Services of New Jersey and its affiliates, equal or exceed $25 million based on the most currently available information from the Supreme Court or as indicated in the most recently published annual report by the trustees, then beginning with the fiscal year next following the fiscal year in which the grants equaled or exceeded $25 million:

(1) The monies to be annually credited to the "21^st Century Justice Improvement Fund" established by section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill) for appropriation to the Department of the Treasury for distribution to Legal Services of New Jersey and its affiliates pursuant to subsection b. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall no longer be credited to the "21^st Century Justice Improvement Fund." The remainder of any monies in the "21^st Century Justice Improvement Fund" that exceeds $17 million, as set forth in subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be deposited in the General Fund; and

(2) All filing fees and other statutory fees revised or supplemented pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be reduced so that the fees payable to the court shall total no more than $17 million annually and, pursuant to subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be used to fund the development, maintenance and administration of the Statewide digital e-court information system] the purposes set forth in section 14 of P.L. , c. (C. ) (pending before the Legislature as this bill) for which the "21st Century Justice Improvement Fund" provides monies¹.

¹[19.] 20.¹ Sections 1 through ¹[6 and 8 through 9] 11¹ of this act shall take effect ¹[immediately but shall remain inoperative until] on the first day of the 13th month next following¹ the date of approval by the voters of a constitutional amendment to Article I, paragraph 11 of the New Jersey Constitution authorizing the courts to deny pretrial release of certain defendants ¹[; sections 7 and 10 of this act shall take effect on the first day of the third month following enactment] and that amendment becoming part of the New Jersey Constitution as provided by paragraph 6 of Article IX of same¹; sections ¹[11 and]¹ 12 ¹through 19 of this act¹ shall take ¹[affect] effect¹ immediately ¹[; and sections 13 through 18 shall take effect on July 1, 2014]¹.