A-7-17 State v. Hassan Travis (080020)
Does a policy of the Pretrial Services Program that authorizes a recommendation of “release not recommended” for certain offenses, impermissibly expand the categories of “presumptive detention” offenses enumerated in the Criminal Justice Reform Act, particularly in light of Rule 3:4A(b)(5), which provides that a “court may consider as prima facie evidence sufficient to overcome the presumption of release a recommendation by the Pretrial Services Program” not to release defendant pretrial?
[Note: This appeal has been accelerated by order of the Court, and will be calendared for oral argument on the Court’s session of November 28-29, 2017. Should any entity wish to file a motion to participate as amicus curiae, the motion and any proposed brief must be served and filed on or before noon on 10/12/17. The State and the defendant may file answers to any such amicus motion, together with a proposed response brief to the amicus brief, on or before noon on 11/2/17. All dates are final. No further submissions, beyond the parties’ supplemental briefs as authorized by the Court’s order, shall be accepted unless requested by the Court.]
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- Certified by the Court : Sept. 20, 2017
- Posted: Sept. 20, 2017
- Argued: Nov. 29, 2017
- Decided: May 1, 2018