Bail Source Hearings in New Jersey

New Jersey seomwhat recently passed new ""Bail Source" statutes, N.J.S.A. 2A:162-13 et seq., which provide prosecutors with tools to mandate judicial inquiry into the source of bail for defendants in a wide range of circumstances. The statute is silent on a number of procedural questions, including burdens of proof and persuasion when source hearings are ordered. Last week, a Trial Court Judge's opinion on these issues was approved for publication. The opinion may be found here.

The Court essentially concluded that: the State bears the burden of persuasion that the bail does not satisfy the
requirements of the statute, N.J.S.A. 2A:162-13(b). However, upon prima facie proof by the State that the bail is unreliable, insufficient, or tainted, then the burden of production shifts to the defendant.