Review of Initial Bail Set
1. Informal Review
Any person unable to post bail shall have his or her bail reviewed by a Superior Court judge no later than the next day, that is not a Saturday, Sunday, nor a legal holiday. See R. 3:26-22. In most counties, the Superior Court judge reviews the 11
bail shortly after the offender reaches the county jail by reviewing the complaint, usually in chambers, but in some instances with a Criminal Division probation officer or investigator who has interviewed the offender in jail. In some counties, an assistant prosecutor is present during the review. This procedure was started largely as a response to jail overcrowding and provides a quick method of reviewing bail.
2. Formal Review
The Court Rules only provide for a bail review via motion. Under R. 3:26-2(d), bail reduction motions are to be heard no later than seven days after the motion is filed. In some counties, the full seven days is required before a motion to reduce bail is heard while in others these motions are scheduled in less than seven days. However, in order to alleviate jail over crowding and reduce the volume of work created by the filing of motions, most counties do not require the filing of a motion for this review. These counties automatically schedule a review for any new defendant that remains in custody unable to post bail. However, a motion is required for any subsequent bail review requested by defense counsel.
