Sponsored by:
Assemblyman WILLIAM W. SPEARMAN
District 5 (Camden and Gloucester)
Assemblyman REGINALD W. ATKINS
District 20 (Union)
SYNOPSIS
Concerns consideration of factors by court at hearing for pretrial detention or violation of condition of pretrial release.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning pretrial detention and amending P.L.2014, c.31.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.2014, c.31 (C.2A:162-20) is amended to read as follows:
6. In determining in a pretrial detention hearing whether no amount of monetary bail, non-monetary conditions or combination of monetary bail and conditions would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process, the court may take into account information concerning:
a. The nature and circumstances of the offense charged;
b. The weight of the evidence against the eligible defendant, except that the court may consider the admissibility of any evidence sought to be excluded;
c. The history and characteristics of the eligible defendant, including:
(1) the eligible defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearances at court proceedings, except with respect to these factors, the court shall not consider manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10; and
(2) whether, at the time of the current offense or arrest, the eligible defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal law, or the law of this or any other state;
d. The nature and seriousness of the danger to any other person or the community that would be posed by the eligible defendant's release, if applicable;
e. The nature and seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would be posed by the eligible defendant's release, if applicable; and
f. The release recommendation of the pretrial services program obtained using a risk assessment instrument under section 11 of P.L.2014, c.31 (C.2A:162-25). Pretrial services shall recommend no release when a defendant has been charged with any crime for which the eligible defendant would be subject to a mandatory term of imprisonment pursuant to subsection c. of N.J.S.2C:43-6 for a crime involving the use or possession of a firearm other than a violation of:
(1) subsection a. or d. of N.J.S.2C:39-3;
(2) paragraph (1) or (2) of subsection a. of N.J.S.2C:39-4;
(3) subsection a. of section 1 of P.L. 1998, c.26 (C.2C:39-4.1); or
(4) paragraph (1) of subsection b. or paragraph (1) or (2) of subsection c. of N.J.S.2C:39-5.
g. Pretrial services shall recommend no release of a defendant who has been extradited to this State from another jurisdiction if the court finds that, at the time of the extradition, the defendant was located in the other jurisdiction in order to avoid prosecution for a crime committed in this State or service of a criminal sentence imposed by a court of this State.
(cf: P.L.2022, c.43, s.2)
2. Section 10 of P.L.2014, c.31 (C.2A:162-24) is amended to read as follows:
10. a. [Upon] Except as otherwise provided in this section, upon motion of a prosecutor , when an eligible defendant is released from custody before trial pursuant to section 3 or 8 of P.L.2014, c.31 (C.2A:162-17 or C.2A:162-22), the court[,] :
(1) upon a finding that the eligible defendant while on release has violated a restraining order or condition of release, shall revoke the eligible defendant's release and order that the eligible defendant be detained pending trial:
(1) for a period of not less than 30 days for a first violation;
(2) for a period of not less than 60 days for a second violation;
(3) for a period of not less than 120 days for a third violation;
(4) pending the final disposition of the matter for a fourth violation; and
(2) [or] upon a finding of probable cause to believe that the eligible defendant has committed a new crime while on release, [may not] shall revoke the eligible defendant's release and order that the eligible defendant be detained pending trial unless the court, after considering all relevant circumstances including but not limited to the nature and seriousness of the [violation or] criminal act committed, finds clear and convincing evidence that [no] monetary bail, non-monetary conditions of release, or combination of monetary bail and conditions would reasonably assure the eligible defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the eligible defendant will not obstruct or attempt to obstruct the criminal justice process.
b. A court shall not revoke an eligible defendant's release and order that the eligible defendant be detained pending trial based on manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or possession of marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10.
(cf: P.L.2021, c.19, s.9)
3. Section 11 of P.L.2014, c.31 (C.2A:162-25) is amended to read as follows:
11. a. The Administrative Director of the Courts shall establish and maintain a Statewide Pretrial Services Program which shall provide pretrial services to effectuate the purposes of sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.).
b. The Pretrial Services Program shall, after an eligible defendant is temporarily detained pursuant to subsection a. of section 2 of P.L.2014, c.31 (C.2A:162-16) following the issuance of a complaint-warrant, conduct a risk assessment on that eligible defendant for the purpose of making recommendations to the court concerning an appropriate pretrial release decision, including whether the eligible defendant shall be: released on the eligible defendant's own personal recognizance or on execution of an unsecured appearance bond; released on a non-monetary condition or conditions as set forth under subsection b. of section 3 of P.L.2014, c.31 (C.2A:162-17); released on monetary bail, other than an unsecured appearance bond; released on a combination of monetary bail and non-monetar