This bill amends the existing Criminal Justice Reform Law (CJR) in New Jersey to establish a rebuttable presumption of pretrial detention for defendants charged with aggravated assault of a law enforcement officer. Under the current law, the presumption of pretrial detention applies to defendants charged with murder or crimes that could lead to life imprisonment. The new language adds aggravated assault of a law enforcement officer to this list, meaning that if a prosecutor files a motion for pretrial detention in such cases, there will be a presumption that no amount of monetary bail or non-monetary conditions can ensure the defendant's appearance in court or the safety of others.
Additionally, the bill specifies that the presumption of pretrial detention can be rebutted by the defendant, who must provide evidence to counter the presumption. The court will hold a hearing to determine whether conditions of release can be established that would reasonably assure the defendant's appearance in court and the safety of the community. The bill aims to enhance public safety by ensuring that individuals charged with serious offenses, particularly those involving law enforcement, are appropriately detained pending trial.
Statutes affected: Introduced: 2A:162-18, 2A:162-19