R. 3:26-2 New Jersey Rules of Court, R. 3:26-2: Authority to Set Conditions of Pretrial Release, rendered as code with every cross-reference linked

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 section 11 of P.L.2014, c. 31 (c.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 Restrictions. 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.
(3) Pretrial Services Compliance Review. For defendants who have been compliant with their conditions of release for a six-month period, the Pretrial Services Program shall conduct a pretrial compliance review pursuant to a process prescribed by the Administrative Director of the Courts and, upon notice to the parties, shall submit the results of that review to the court for its consideration in determining whether to reduce a defendant’s level of monitoring. The parties shall have the right to object and be heard. This compliance review is not meant to modify the conditions of a defendant’s release.
(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. The disposition of a motion filed pursuant to this subparagraph, or filed pursuant to Rule 3:4A, shall resolve any pending violation of monitoring that has been filed by the Pretrial Services Program.
(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 to 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.
(4) Timing of a Violation of Monitoring Filed by Pretrial Services. A violation of monitoring filed by the Pretrial Services Program shall be considered contemporaneously with any motion filed by the prosecutor to revoke release, to detain, or to change conditions of release, unless the court finds good cause to handle these matters separately. If no motion has been filed by the prosecutor, the court shall consider the violation of monitoring in the following situations:
(a) following the filing of new charges on a new complaint-warrant (CDR-2) or complaint-summons (CDR-1) at the defendant’s first appearance by a judge with authority to set conditions of release for the offenses charged; or
(b) following the detention of defendant on a bench warrant issued by the court, within 3 business days before the trial judge if the defendant has been indicted or before a judge with authority to set conditions of release for the offenses charged; or
(c) for defendants not in custody, at the defendant’s next scheduled court event or within twenty business days, whichever comes first.
(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; new subparagraph (c)(3) adopted, subparagraph (d)(1) amended, and new subparagraph (d)(4) adopted September 12, 2024 to be effective November 1, 2024.
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referenced_by: 1:6-1, 3:1-4, 3:25-4, 3:3-3, 7:7-11
source: njcourts.gov // verbatim; changed 2025-09-29; corpus harvested 2026-09-02