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New Jersey’s judiciary has joined the state attorney general in mobilizing to take note when criminal defendants are in the United States illegally. In a statewide directive , Acting Administrative Director of the Courts Philip Carchman says that judges at bail hearings will henceforth be advised by police when defendants charged with indictable crimes or with drunken driving are suspected of being illegal aliens. An alien’s undocumented status, if so identified, may be considered by Superior Court and municipal court judges in granting bail to the extent that status pertains to his or her risk of flight. The courts’ directive , No. 11-07, made public Monday, also provides that: � Police filling out a conventional, paper complaint form for an illegal alien defendant will affix a special sticker issued by the Attorney General’s office stating, “There is reason to believe defendant is illegal immigrant,” and giving the basis of that belief. � The software program used to issue complaints electronically (E-CDR) will be updated to add a question relating to the defendant’s immigration status. � Where a judge sets initial bail by telephone, the arresting officer will inform the judge orally as well as on the complaint if the defendant is suspected of being an illegal alien. � If the complaint does not identify a defendant as an illegal alien, but the judge later learns of his undocumented status, the judge must notify the prosecutor, who may then inform the Immigration and Customs Enforcement Agency. The directive was issued to clarify Attorney General Anne Milgram’s directive, issued last Aug. 22, that police must discern the immigration status of certain arrestees and report illegal aliens to federal authorities. Milgram’s directive came in the wake of the Aug. 4 execution-style shootings of three college students in Newark, allegedly by a Peruvian national who had had been arrested twice this year on charges of raping a minor and was free on $150,000 bail. Law enforcement and court officials said they did not know he was in this country illegally. Carchman said that in setting bail, judges should continue to be guided by the Statewide Bail Schedule and Statewide Bail Policies and by court rules. Under R. 3:26-1(a), the factors to be considered in setting bail include the length of the subject’s residence in the community; family ties and relationships; record of employment and financial condition; and “any other factors indicating defendant’s mode of life or ties to the community or bearing on the risk of failure to appear.” Under R. 7:4-1, municipal court defendants are eligible for bail under terms that, in the Court’s judgment, “will insure the defendant’s presence when required, having regard for the defendant’s background, residence, employment and family status.” Carchman reminded judges that since drunken driving is a traffic offense, initiated by a summons and not a complaint, a person arrested for drunken driving cannot be held to bail.

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