2C:104-6. Material witness hearing
2C:104-6 Material witness hearing.
a. At the material witness hearing, the following rights shall be afforded to the person:
(1) the right to be represented by an attorney and to have an attorney appointed if the person cannot afford one;
(2) the right to be heard and to present witnesses and evidence;
(3) the right to have all of the evidence considered by the court in support of the application; and
(4) the right to confront and cross-examine witnesses.
b. If the judge finds that there is probable cause to believe that the person is unlikely to respond to a subpoena and has information material to the prosecution or defense of a pending indictment, accusation or complaint for a crime, or a criminal investigation before a grand jury, the judge shall determine that the person is a material witness and may set the conditions of release of the material witness.
c. If the judge finds by clear and convincing evidence that confinement is the only method that will secure the appearance of the material witness, the judge may order the confinement of the material witness.
d. The judge shall set forth the facts and reasons in support of the material witness order on the record.
Source: 2A:162-2.
L.1994,c.126,s.6.
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