How does bail work in New Jersey?

1. Constitutional Framework

N.J. Const. art. I, ¶ 11 was amended in 2014 to permit pretrial detention. The CJRA shifted from money bail to a risk-based system upheld in Holland v. Rosen, 277 F. Supp. 3d 707 (D.N.J. 2017).

2. Cash, Surety, Property, OR Bonds — REPLACED

N.J.S.A. 2A:162-17 establishes a presumption of release on least-restrictive nonmonetary conditions. Monetary bail is permitted only when nonmonetary conditions cannot ensure appearance. Commercial bail bondsmen are effectively obsolete since 2017.

3. Bail Hearing

N.J.S.A. 2A:162-16 requires first appearance within 48 hours. For complaint-warrants, a detention motion must be filed within 48 hours and heard within 3 working days.

4. Bail Schedules — ELIMINATED

With cash bail eliminated as the default, money schedules are not used.

5. Bail Bond Agent / Bondsman — OBSOLETE

Commercial bonding has effectively ended in New Jersey since the 2017 reform.

6. Conditions

N.J.S.A. 2A:162-17 authorizes pretrial monitoring (PML I-III), home detention, electronic monitoring, no-contact, and curfew.

7. Detention Hearings

The State may move for detention under N.J.S.A. 2A:162-18; clear and convincing evidence standard for dangerousness or flight.

8. Reconsideration

N.J.S.A. 2A:162-24 allows reopening on changed circumstances.

9. Pretrial Services Program

Statewide Pretrial Services Program uses the Public Safety Assessment (PSA) for risk scoring and supervision.

This is legal information, not legal advice.