This bill amends the existing Criminal Justice Reform Law in New Jersey to require Pretrial Services to recommend pretrial detention for certain repeat offenders. Specifically, it mandates that if a defendant has been arrested on two or more separate occasions, with pending charges at the time of the current complaint-warrant, and if the current or at least one of the pending charges is an initial charge for an indictable offense or a disorderly persons offense involving domestic violence, Pretrial Services must recommend no release. This recommendation can serve as prima facie evidence to counter the presumption of release when a prosecutor files a motion for pretrial detention.

The bill also introduces new legal language that emphasizes the criteria for pretrial detention, reinforcing the importance of assessing a defendant's prior arrest history and the nature of current charges. The changes aim to enhance public safety by ensuring that repeat offenders are more likely to be detained before trial, thereby addressing concerns about flight risks and potential dangers to the community. This legislation aligns with Recommendation #23 from the Report of the Reconvened Joint Committee on Criminal Justice Reform, issued on June 7, 2023.

Statutes affected:
Introduced: 2A:162-19, 2A:162-20