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, this presumption applies only to defendants charged with murder or crimes that could lead to life imprisonment. The new provision allows prosecutors to seek pretrial detention for aggravated assault cases, asserting that no amount of monetary bail or non-monetary conditions would ensure the defendant's appearance in court or the safety of others. The bill specifies that the presumption can be rebutted by the defendant, who must provide evidence to counter the presumption.
Additionally, the bill outlines the procedures for pretrial detention hearings, including the rights of the defendant to legal representation and the opportunity to present evidence. It emphasizes that the court must find clear and convincing evidence to support an order of pretrial detention, and it allows for appeals of detention orders to be expedited. The changes aim to enhance public safety by ensuring that individuals charged with serious offenses, such as aggravated assault against law enforcement, can be detained pending trial if deemed necessary.
Statutes affected: Introduced: 2A:162-18, 2A:162-19