The 1947 Constitution required the setting of bail “by sufficient sureties” for non-capital offenses. That will change on Jan. 1, 2017, when an amendment to Article I, paragraph 11 will become effective providing that pretrial release may be denied when no amount of monetary bail or conditions of pretrial release, or combination of the two, “would reasonably assure the person’s presence, in court when required, or protect the safety of any other person or the community, or prevent the person from obstructing or attempting to obstruct the criminal justice process.” The amendment will be implemented by statute—in chapter 31 of the Laws of 2014 (N.J.S.A. 2C:162-15 to -26 and N.J.S.A. 2B:1-7 to -14)—and by new rules of court adopted by the Supreme Court on Aug. 30, 2016.
This is not the occasion, nor is there space in this forum, to discuss the details of this monumental project. We do not now even endeavor to address the “speedy trial” component in any way. However, we do make some broad comments on the principle of “bail reform” and the significance of the effort.
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