TO: Assignment Judges

FROM: Glenn A. Grant, J.A.D., Acting Administrative Director of the Courts

SUBJ: Revised Statewide Bail Schedules

DATE: December 2, 2013

The attached revised Statewide Bail Schedules, as recommended by the Conference of Criminal Presiding Judges and the Conference of Municipal Presiding Judges, are a supplement to Directive No. 9-05 and supersede all previously issued Statewide Bail Schedules, effective immediately.

Directive No. 9-05, entitled “Bail Schedules and Policies to Improve Bail Practices” and dated May 12, 2005, promulgated two Statewide Bail Schedules and adopted a number of statewide policies regarding bail practices. The Bail Schedules were subsequently superseded by Statewide Bail Schedules issued on May 26, 2006, October 10, 2007 and May 12, 2009, by Supplements to Directive No. 9-05. As noted, those are now superseded by the attached Statewide Bail Schedules.

This Supplement addresses only the Statewide Bail Schedules. The statewide policies regarding bail practices as set forth in Directive No. 9-05; namely, that the Bail Schedules contain general bail ranges that are meant to be advisory in nature; that no monetary amount of bail may be set when a defendant is released on his or her own recognizance; and that Criminal Presiding Judges and Municipal Presiding Judges must ensure that periodic reviews of bails for incarcerated defendants are conducted and that the cases involving incarcerated defendants are moved expeditiously, were not affected by those three Supplements, nor are they affected by this Supplement. Also note that except for those statutes that have been upgraded, the bail ranges for statutes listed in the May 12, 2009 Supplement have remained the same.

The revisions to the Statewide Bail Schedules were necessary in order to include a number of additional offenses and statutory amendments. Further, additional court rules have been added to the Summary of the Rules/Statutes Governing Bail that are attached to the Bail Schedules. The revisions to the Bail Schedules are summarized as follows:

The following offenses have been added to the Bail Schedules:

N.J.S.A. 2C:12-1c(4)—Aggravated Assault by Auto

N.J.S.A. 2C:12-1d—Aggravated Assault Upon Elderly Institutionalized Person

N.J.S.A. 2C:12-1f—Aggravated Assault In the Presence of a Child at a Sporting Event

N.J.S.A. 2C:12-1.2—Endangering an Injured Victim

N.J.S.A. 2C:12-11(a)(b)—Disarming a Law Enforcement Officer

N.J.S.A. 2C:13-4—Interference with Custody

N.J.S.A. 2C:13-7—Luring, Enticing an Adult

N.J.S.A. 2C:13-8—Human Trafficking

N.J.S.A. 2C:14-9—Invasion of Privacy

N.J.S.A. 2C:16-1—Bias Intimidation

N.J.S.A. 2C:17-1d—Aggravated Arson (Actor Hires Person to Commit Offense)

N.J.S.A. 2C:20-7a—Receiving Stolen Property

N.J.S.A. 2C:20-17—Use of Juvenile in Theft of Automobiles

N.J.S.A. 2C:20-25(a-f)—Computer Theft

N.J.S.A. 2C:24-9—Use of 17-Year-Old or Younger to Commit Criminal Offenses

N.J.S.A. 2C:27-2—Bribery in Official and Political Matters

N.J.S.A. 2C:29-10(b)(c)(d)—Use of Certain Electronic Devices in Correctional Facilities

N.J.S.A. 2C:30-2(a)(b)—Official Misconduct

N.J.S.A. 2C:33-3(a-e)—False Public Alarms

N.J.S.A. 2C:33-10—Placing Signs or Displays That Imply Threats of Violence

N.J.S.A. 2C:33-11—Desecrating Religious or Sectarian Premises

N.J.S.A. 2C:33-14—Interference with Transportation

N.J.S.A. 2C:33-28—Soliciting or Recruiting Gang Members

N.J.S.A. 2C:35-9a—Strict Liability for Drug Induced Deaths

N.J.S.A. 2C:35-10b—Failure to Turn Over CDS to Law Enforcement Officer

N.J.S.A. 2C:39-5j—Possession of a Firearm by a Person Previously Convicted of a Crime under the No Early Release Act

N.J.S.A. 2C:40-22—Causing Death or Injury While Driving with a Suspended License or Without a License

N.J.S.A. 2C:40-26—Operating a Motor Vehicle During Period of Suspension

N.J.S.A. 2C:43-6.4d—Violation of Community Supervision for Life/Parole Supervision for Life

N.J.S.A. 2C:41-2—Racketeering

N.J.S. 30:4-123.94—Non-Compliance with Sex Offender Monitoring

N.J.S. 54:52-18—Possession of Goods (Including Cigarettes) without Paying Tax

The statute for Knowingly Leaving the Scene of a Motor Vehicle Accident Resulting in Death (N.J.S.A. 2C:11-5.1) referenced in Bail Schedule 2 was amended effective May 4, 2007 to upgrade that crime from third to second degree. L. 2007, c. 83, §1.

The statute for Leaving the Scene of a Motor Vehicle Accident Resulting in Serious Bodily Injury (N.J.S.A. 2C:12-1.1) referenced in Bail Schedule 2 was amended effective May 4, 2007 to upgrade that crime from fourth to third degree. L. 2007, c. 83, §2.

The statute for Possession of a Firearm (N.J.S.A. 2C:39-5) referenced in Bail Schedule 2 was amended effective August 8, 2013 to include possession of a firearm by a person previously convicted of a crime under the No Early Release Act as a first degree crime. The statute was also amended to downgrade the penalty for possession of a handgun without a permit, if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature that ejects a bullet or missile smaller than three-eighths of an inch in diameter with sufficient force to injure a person, from second to third degree. L. 2013, c. 113.

The statute for Endangering Welfare of Children (N.J.S.A. 2C:24-4) referenced in Bail Schedule 2 was amended effective August 14, 2013 to upgrade the crime of causing or permitting a child to engage in a prohibited sexual act, knowing or intending that the sexual act will be reproduced or will be part of an exhibition or performance (N.J.S.A. 2C:24-4b(3)), to a first degree crime in all cases. The statute was also amended to establish that the crime of possession of any items of sexual exploitation or abuse (N.J.S.A. 2C:24-4b(5)(b)) is a third degree crime. L. 2013, c. 136, §1.

The statute for Crimes with Bail Restrictions (N.J.S.A. 2A:162-12) was amended effective November 7, 2011 to preclude the 10% cash bail option for charges of Contempt of Domestic Violence Restraining Orders. L. 2011, c. 138, §1. That amendment also imposes a presumption of full cash bail if the actor is subject to a temporary or permanent domestic violence restraining order and is charged with a crime committed against a person protected under that order, including Contempt, and either: (a) is charged with commission of a domestic violence crime that resulted in serious bodily injury to the victim; or (b) has at least one prior conviction for a crime or offense involving domestic violence against the same victim or has previously violated a final restraining order protecting the same victim.

N.J.S.A. 2C:14-12 (Nicole’s Law—Conditions Placed Upon Release of Certain Defendants) and N.J.S.A. 2C:35-5.7 (Drug Offender Restraining Order Act) have been added to the Summary of the Rules/Statutes Governing Bail attached to the Bail Schedules to provide further information for those using the schedules.

A table of contents and indexes of offenses have also been added to the Bail Schedules.

To recap, the attached revised Statewide Bail Schedules and summary of the court rules and statutes relating to bail are hereby adopted, effective immediately. This supplements Directive No. 9-05 and supersedes the Statewide Bail Schedules promulgated by the May 12, 2009 Supplement. Note that this supplement does not affect the bail policies promulgated by Directive No. 9-05. Those policies continue in effect.

G.A.G.

Attachment