2A:162-12 - Crimes with bail restrictions; posting of bail
2A:162-12 Crimes with bail restrictions; posting of bail.
1. a. As used in this section:
"Crime with bail restrictions" means a crime of the first or second degree charged under any of the following sections:
(1)Murder2C:11-3.
(2)Manslaughter2C:11-4.
(3)Kidnapping2C:13-1.
(4)Sexual Assault2C:14-2.
(5)Robbery2C:15-1.
(6)CarjackingP.L.1993, c.221, s.1 (C.2C:15-2).
(7)Arson and Related Offenses2C:17-1.
(8)Causing or Risking Widespread Injury or Damage 2C:17-2.
(9)Burglary2C:18-2.
(10) Theft by Extortion2C:20-5.
(11) Endangering the Welfare of Children2C:24-4.
(12) Resisting Arrest; Eluding Officer2C:29-2.
(13) Escape2C:29-5.
(14) Corrupting or Influencing a Jury2C:29-8.
(15) Possession of Weapons for Unlawful Purposes2C:39-4.
(16) Weapons Training for Illegal ActivitiesP.L.1983, c.229, s.1 (C.2C:39-14).
(17) Soliciting or Recruiting Gang MembersP.L.1999, c.160, s.1 (C.2C:33-28).
"Crime with bail restrictions" also includes any first or second degree drug-related crimes under chapter 35 of Title 2C of the New Jersey Statutes and any first or second degree racketeering crimes under chapter 41 of Title 2C of the New Jersey Statutes.
b.Subject to the provisions of subsection c. of this section, a person charged with a crime with bail restrictions may post the required amount of bail only in the form of:
(1)Full cash;
(2)A surety bond executed by a corporation authorized under chapter 31 of Title 17 of the Revised Statutes; or
(3)A bail bond secured by real property situated in this State with an unencumbered equity equal to the amount of bail undertaken plus $20,000.
c.There shall be a presumption in favor of the court designating the posting of full United States currency cash bail to the exclusion of other forms of bail when a defendant is charged with an offense as set forth in subsection a. of this section and:
(1)has two other indictable cases pending at the time of the arrest; or
(2)has two prior convictions for a first or second degree crime or for a violation of section 1 of P.L.1987, c.101 (C.2C:35-7) or any combination thereof; or
(3)has one prior conviction for murder, aggravated manslaughter, aggravated sexual assault, kidnapping or bail jumping; or
(4)was on parole at the time of the arrest,
unless the court finds on the record that another form of bail authorized in subsection b. of this section will ensure the defendant's presence in court when required.
d.When bail is posted in the form of a bail bond secured by real property, the owner of the real property, whether the person is admitted to bail or a surety, shall also file an affidavit containing:
(1)A legal description of the real property;
(2)A description of each encumbrance on the real property;
(3)The market value of the unencumbered equity owned by the affiant as determined in a full appraisal conducted by an appraiser licensed by the State of New Jersey; and
(4)A statement that the affiant is the sole owner of the unencumbered equity.
e.Nothing herein is intended to preclude a court from releasing a person on the person's own recognizance when the court determines that such person is deserving.
L.1994, c.144; amended 2003, c.177; 2007, c.46, s.1.