2013 New Jersey Revised Statutes
Title 2A - ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
Section 2A:67-29 - Judgment
2A:67-29. Judgment
In any proceeding under subsections a., b. or c. of section 2A:67-13 of this title, if no cause is shown for the imprisonment or restraint or for the continuation thereof, the judge shall discharge the party from the confinement or restraint under which he is held. If the party is not entitled to a discharge and is not bailed, the judge shall remand him to the custody or place him under the restraint from which he was taken, if the person under whose custody he was is legally entitled thereto, and if not so entitled, such party shall be committed by the judge to the custody of such other officer or person who by law is entitled thereto.
In any proceedings under subsections a., b., c. or d. of section 2A:67-13 of this title, if it appears that the prisoner is entitled to be bailed, the judge shall forthwith discharge the prisoner from his imprisonment, upon taking his recognizance in such sum and with such surety or sureties as the judge may approve for his appearance, as the circumstances may require, and the judge shall then certify the writ with the return and the recognizance to the court where the appearance is to be made.
In any proceeding under subsection d. of section 2A:67-13 of this title, the judge shall discharge the party in custody if the process was improperly or improvidently issued or should not have been issued against such party.
In any proceeding under subsection e. of section 2A:67-13 of this title, the inmate shall not be discharged unless he is found to be sane either by the judge, if the hearing is held without a jury, or by the unanimous verdict of the jury.
In any proceeding under subsection f. of section 2A:67-13 of this title, the inmate shall not be discharged from the commitment unless the judge finds he is not afflicted as stated in the order of commitment.
In any proceeding under subsection g. or subsection h. of section 2A:67-13 of this title, the judge, in his discretion, may discharge the person committed from the commitment, or if such person is under confinement or restraint, release him therefrom and order his return to the institution to which he was committed or admitted, depending upon the best interests of such person and his parents, guardians or custodians.
No person shall be entitled to a discharge because of any informality or insufficiency in the original arrest or commitment.
L.1951 (1st SS), c.344
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