Directive #13-24 - CJR - Supreme Court Action to Address Home Invasion Burglary and Residential Burglary: (1) Relaxation of Rule 3:3-1(f) Regarding Complaint-Warrants, and (2) Amendments to the Decision-Making Framework (DMF)

The Supreme Court has relaxed the Court Rules and amended the Decision Making Framework (DMF) to align with L. 2024, c. 83. That recent enactment established the crimes of home invasion burglary and residential burglary and amended N.J.S.A. 2C:43-6(c) (the Graves Act) and N.J.S.A. 2C:43-7 .2( d) (the No Early Release Act (NERA)) to incorporate these new offenses into both sentencing enhancement statutes. This directive publishes the Court's November 19, 2024 rule relaxation order and promulgates the amended DMF.

Relaxation of Rule 3 :3 -1 (f)

The Court in the attached November 19, 2024 Order relaxed and supplemented Rule 3 :3-1 (f) ("Issuance of a Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1 ); Offenses Where Issuance of a Complaint-Warrant (CDR-2) is Presumed") so as to include home invasion burglary (N.J.S.A. 2C: 18-2. 1) and residential burglary (N.J.S.A. 2C: 18-2.2) among the list of offenses for which there shall be a presumption that a complaint-warrant shall issue. The Court has referred to the Criminal Practice Committee the development of proposed amendments that will supersede this interim rule relaxation.

Amendments to the Decision-Making Framework (DMF)

By adding home invasion burglary and residential burglary to subparagraph c of N.J.S .A. 2C:43-6, these new offenses are subject to N.J.S.A. 2A: 162-20(£), which requires pretrial services to recommend no release when a defendant has been charged with certain crimes for which the eligible defendant would be subject to a mandatory term of imprisonment pursuant to N.J.S.A. 2C:43-6(c) for a crime involving the use or possession of a firearm.

The Court has amended Step 4 of the DMF to incorporate home invasion burglary (2C: 18-2.1) and residential burglary (2C: 18-2.2) among those offenses that do not on their own implicate the Graves Act, but that when committed with a firearm are subject to the Graves Act.

Further, Step 7 of the DMF has been amended to provide that home invasion burglary (a crime that requires bodily injury or the use of a weapon) is a crime of such a serious nature that those charged with this offense must receive a recommendation of no release. If a defendant's current charges include home invasion burglary, pretrial services shall recommend either "No Release Recommended (Charge(s) include Home Invasion Burglary)" or "No Release Recommended (Charge(s) include attempt/conspiracy/solicit Home Invasion Burglary)".

Questions

Questions regarding this directive, the Court's November 19, 2024 Order, or the amended DMF should be directed to the AOC Criminal Practice Division by email at AOCCrimPrac.mbx@njcourts.gov.